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In this article, we offer a legal assessment of the role and responsibility of municipalities in the car parking problem, which is becoming a festering one as vehicle density rises with urbanisation.
Together with the growing urban population, traffic density is increasing day by day. Its effects are seen more strongly in areas where commercial life is intense in particular. The rising density of vehicles also increases the need for car parks in cities. Together with the parking problem, the traffic problem is also deepening. The primary duty of meeting this need falls on municipalities.
It is seen that Metropolitan Municipality Law No. 5216 and Municipality Law No. 5393 authorise municipalities to build, operate, have operated or license covered and open car parks, and to determine, operate, have operated and lease vehicle parking spaces on highways, roads, avenues, streets, squares and similar places; however, it is also seen that this duty cannot be fulfilled by municipalities in its full sense, and that attempts are made to overcome the problem through practices such as converting one lane of avenues and streets into a car park. In resorting to such practices, however, it is important whether the roadside, avenue and street car parks that are determined by municipal executive committee (encümen) decisions and put out to tender have been incorporated into the implementation zoning plan, and whether the implementation zoning plan has been amended accordingly. Practices carried out without proper and sufficient research, planning and project work, without specifying how the practice will be implemented with regard to the use by the mobile population and by the residents of the locality of the parking areas in front of their homes, and without allocating parking spaces for persons with disabilities are unlawful practices. The decision of the 13th Chamber of the Council of State, Docket No. 2016/3243, Decision No. 2022/593, also supports this.
In addition, Article 27 of Metropolitan Municipality Law No. 5216, titled "Inter-municipal service relations and coordination", provides as follows:
"…(Additional paragraph: 12/11/2012-6360/11) The revenues that municipalities obtain in connection with car parks pursuant to the zoning legislation shall be transferred to the metropolitan municipality within forty-five days of the date of collection. The metropolitan municipalities shall use this revenue, in return for the expropriation project prepared in accordance with the approved plan and the five-year zoning programme, for the purchase of the land required for car park facilities and for the construction of district and general car parks. These revenues cannot be used for purposes other than those specified in this paragraph." This provision regulates the obligation of municipalities to establish a car park fund and to spend it on car park facilities.
Both in the reports of the Ministry of Interior on the subject and in the audits of the Court of Accounts (Sayıştay), it is observed that, although under the Parking Regulation the parking fees collected by municipalities since 1994 must be used solely for the purpose of providing car parking services, municipalities have used the collected parking fees for other purposes; that local governments have not adequately provided the car parking service, which should be provided in return for the parking fees collected from residential buildings for which no parking space has been allocated and which is important for solving the traffic problem in residential areas; and that the parking fees collected in breach of the Parking Regulation have not been used to purchase land for car park facilities or to produce district or general car parks.
It has been observed that the parking fees collected under the Parking Regulation from buildings whose parking need cannot be met on their own parcel have, in general terms, been used for building car parks, but that some municipalities, also by way of a council decision, have used the amounts in the car park account to cover the municipality's other services and its financial obligations. It has been understood that some municipalities have kept their parking funds in bank accounts for a long time and have no intention of spending these funds on car park land or construction; that these practices, which are contrary to Article 11 of the Regulation, have been made the subject of investigations; however, that the decisions granting permission to investigate mayors were annulled by a Council of State decision on the ground that there was no loss to the public.
The primary obligation in overcoming the car parking problem that grows with urbanisation falls on municipalities. Although municipalities try to resort to practical solutions, they must establish acts that comply with the zoning legislation and that meet the needs of the residents of the area through effective assessments. Although there are provisions on the subject, the assessments made above show that there are problems in terms of applicability. In this context, we are of the opinion that it would be appropriate for the Parking Regulation to be reviewed again and for new legislation to be drawn up, with the participation of all stakeholders and the taking of their views, in a manner that is more workable and under which local administrations will be obliged to examine this matter.
